Estate of Schreck

Opinion

COBEY, J.

Claimant, Edythe Leona Garner, appeals from an order determining that the testamentary trustee is entitled to the distribution to it in trust of the estate of George William Schreck, consisting entirely of separate property, pursuant to the provision for such testamentary trust contained in the last will of Schreck, the testator. The appeal lies. (Prob. Code, § 1240.)

Under the testamentary trust provision the testator’s second wife and widow will receive the net income of the trust during her lifetime or until her remarriage and then the trust estate will be paid over in equal…